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2022 Supreme(Gau) 385

MARLI VANKUNG
Lalchamliana S/o Thantluanga Zadeng – Appellant
Versus
Margaret Malsawmkimi Zadeng D/o Sangkungi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. B. Lalramenga, Mr. Roshan Subedi, Ms. C. Lalhriatpuii, Ms. Lalhmingthangi Fanai, Ms. Ruth Vanlalhruaii, Ms. Cassandra Zosangliani.
For the Respondents: Mr. L.H. Lianhrima, Ms. Ruth Lalruatfeli.

JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. B. Lalramenga, learned counsel appearing for the appellant as well as Mr. L.H. Lianhrima, learned senior counsel for the respondents.

2. This is a second appeal under Section 100 CPC against the impugned Judgment and Order dated 21.06.2021 passed by the learned Additional District and Sessions Judge, Aizawl Judicial District, Aizawl in CMA No. 409/2019 in connection with RFA No. 17/2019.

3. Brief facts of the case is that Sangkungi (L), who was the mother of the appellant and the respondent No. 1 had a land and a building thereon covered by LSC No. 102 of 1967 at Venghlui, Aizawl, Mizoram. After the demise of Sangkungi (L) on 18 January 2008 , her husband Thantluanga Zadeng applied for an Heirship Certificate on behalf of his daughter Smt. Margaret Malsawmkimi Zadeng (the respondent No. 1 herein) before the then Subordinate District Council Court (in short ‘SDCC’) Aizawl, Mizoram which was registered as Heirship Certificate Application No. 187 of 2008. The application was filed on 19.03.2008 and Heirship Certificate No. 187 of 2008 was instantaneously granted on 19.03.2008 in favour of the present respondent No. 1 in respect of the land covered

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